In a pivotal decision, the Gauhati High Court has struck down Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment), following a legal challenge by Prafulla Govinda Baruah against the State of Assam.
The petitioner contested the disproportionate court fees levied on testamentary proceedings, such as applications for wills or letters of administration, compared to other civil cases. Under the disputed provision, a hefty 7 percent fee based on the property value was imposed for testamentary cases exceeding Rs 5 lakhs, with no maximum cap, unlike civil cases where fees were capped at Rs 11,000. This discrepancy was argued to be discriminatory and inconsistent with the fee structures for various legal proceedings.
During the hearing on May 8, 2024, the petitioner’s advocates highlighted that testamentary proceedings are typically less complex and time-consuming than other legal matters, thus rendering the high fees unjustifiable. They contended that the fee structure violated the constitutional principle of equality.
In a detailed judgment, Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair deemed Article 11 of the Court Fees Act, 1870 (Assam Amendment) unconstitutional, ruling it in violation of Article 14 of the Constitution. The court stressed the necessity for equitable and consistent fees to ensure that all citizens have equal access to justice.